IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110016511
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his home of record be changed to Dallas, TX.
2. He states that he is from Dallas, TX and has lived there the majority of his life. He explains he traveled to Fort Rucker, AL in 2008 so that his step-father, a chief warrant officer four station at Fort Rucker, could enlist him into the Army. He offers that he has no family members or relatives in AL.
3. He provides the following:
* Enlistment/Reenlistment documents
* Enlisted Record Brief (ERB)
* Child Support Review Order
* TX Driver's License
* Crossroads Academy transcript
* 2009 and 2010 W-2 Forms
* TX Marriage License
* Certificate of Birth
* Leave and Earnings Statement (LES)
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army for a period of
5 years on 9 April 2008. His home of record was listed as Fort Rucker, AL on his enlistment/reenlistment documents. His Security Questionnaire shows he had lived at an address on Fort Rucker, AL since 22 October 2007. He is currently serving in the grade of specialist/E4 at Fort Bragg, NC.
2. The documents he provided such as his child support order, driver's license, transcript, LES, marriage license, W-2 Forms and birth certificate, all indicate TX as his state of residence. However, his ERB shows Fort Rucker, AL as his home of record.
3. Army Regulation 601-280 (Army Retention Program) states that the home of record is the place recorded as the home of the Soldier when entered into the current tour of active duty. It is not necessarily the legal domicile as defined for income tax purposes. Effective 1 January 1987, home of record is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day. Only if a break in service exceeds one full day, can the home of record be changed by the member.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicants home of record at the time of his enlistment in the Regular Army was Fort Rucker, AL. He indicated on his Security Questionnaire that he had been living there since October 2007, 6 months prior to his enlistment. The home of record can only be changed if there is a break in service of more than one day, or to correct an error. The fact that he provided numerous documents indicating TX as his state of residence is not sufficient justification to correct his records to show his home of record as TX.
2. In view of the foregoing, there is no basis for granting his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________X_________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110016511
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016511
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